Sita Ram vs State Of Rajasthan (2025:Rj-Jd:4741)
2025 Latest Caselaw 5362 Raj

Rajasthan High Court - Jodhpur

Sita Ram vs State Of Rajasthan (2025:Rj-Jd:4741) on 24 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:4741]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                             No. 1803/2024

Sita Ram S/o Unkar Ram, Aged About 50 Years, R/o Thanwla,
Dist. Nagaur. (Lodged In Sub Jail Merta)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. Ravindra Acharya
For Respondent(s)        :     Mr. Deepak Choudhary, GA-cum-AAG
                               Mr. K.S. Kumpawat, AAAG



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

24/01/2025

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that the appellant was on bail

during the trial as well as recovered contraband was below

commercial quantity and hearing of the appeal is likely to take

time, therefore, this court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused appellant.

Learned Public Prosecutor has opposed the prayer made by

the counsel for the appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. (430 BNSS) is allowed and it is ordered

that the sentence passed by learned Special Judge, N.D.P.S.

[2025:RJ-JD:4741] (2 of 2) [SOSA-1803/2024]

Cases, Merta vide judgment dated 17.12.2024 in Special Session

Case No.03/2014 against the appellant-applicant- Sita Ram S/o

Unkar Ram, shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail, provided he

executes a personal bond in the sum of Rs.2,00,000/- with two

sureties of Rs.1,00,000/- each to the satisfaction of the learned

trial Judge for his appearance in this court on 03.03.2025 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not be taken into account for statistical purpose relating to

pendency and disposal of cases in the trial court. In case the said

accused applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MANOJ KUMAR GARG),J 134-GKaviya/-

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